City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, MAY 22, 2018, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Paul Isaac, Acting City Manager/Assistant City Manager/ HR Director Angel Pezely, Deputy City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Councilmember Fitisemanu conducted the Opening Ceremony. Girl Scout Troup WVC 312 performed a flag ceremony. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 15, 2018 The Council considered the Minutes of the Regular Meeting held May 15, 2018. There were no changes, corrections or deletions. Councilmember Lars Nordfelt moved to approve the Minutes of the Regular Meeting held May 15, 2018. Councilmember Tom Huynh seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -2- A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES AND PROCLAMATIONS A. PRESENTATION OF THE MAYOR’S STAR OF EXCELLENCE AWARDS TO STUDENTS OF GRANGER, HUNTER, CYPRUS, AND TAYLORSVILLE HIGH SCHOOLS Mayor Bigelow and the Council introduced and congratulated students from Granger, Hunter, Cyprus, and Taylorsville High Schools on their academic accomplishments. COMMENT PERIOD A. PUBLIC COMMENTS Darrin Paddock (Winchester Dr.) Mr. Paddock wants to have speed bumps in his neighborhood. They’ve done a traffic study and it didn’t work. He’s upset that he has to comply with our codes but the City can’t put a speed bump in his neighborhood. Matt McPherson – Matt would like to show that the Highbury neighborhood is very invested in their community and they don’t feel that the renters that live near them do the same. They’d like consideration be kept in mind for the upcoming vote. Also, they need help from the City to deal with Pinnacle Apartments and the encroachment of their tenants into Highbury streets. Darrin Blanchard- reasserting his feelings and the whole community of Highbury about traffic and parking in his neighborhood. They’d like to expand their neighborhood with single family homes. He’d like to have the Council consider the future plans of the neighbors. Mike Markham- he has been recruited by the West Valley Citizens Academy to ask the City Council to attend these classes to see what the Police Department has to deal with. He has a new understanding for what the PD goes through. He feels that as a body that dictates somewhat over the PD it would be a good idea to get a feel for what goes on. Granger Hunter is putting a new water line in on 3200 W. 4100 S. He asked them to put a T in the line so they don’t have to tear up the new road we are putting in. They said they don’t want to spend the money and will just tear up the road. He thinks Council should be very concerned about this philosophy. Elisha Anderson- this is her first City Council meeting and she felt very strongly about coming to voice her opinion on the upcoming vote to bring high density  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -3- housing to the Highbury neighborhood. She feels that the difference in the community since the Pinaccle Apartments came in has been extreme. They take pride in their neighborhood. She thinks it would be a digression if the rezone goes through. John Cross- he has lived in WVC since 1979. He’s upset about Boart Longyear noise during the week and weekend. He expressed his gratitude to Nicole Cottle for helping him out with this issue. He’s noticed a great difference in the noise. Ralph Vernor- Mr. Vernor is concerned about what the rezone would do to the number of parking calls the PD gets. He brought up the City’s code on snow and ice removal. Nicole McCrae- She is asking the Council to please consider the rezone. She feels they’re already suffering from past rezone. She wants this to be her forever home. She cares about Highbury. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS Don Christensen wanted to echo Mike Markham’s suggestion to the Council to attend the Citizens Academy. It’s an outstanding Academy and opportunity to learn what does happen on these calls that they only see on the news. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-6-2018, FILED BY CANYON COVE HOMES, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) FOR PROPERTY LOCATED AT 3248 SOUTH 6400 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 22, 2018, in order for the City Council to hear and consider public comments regarding Application Z-6-2018, filed by Dwell Design Build, requesting a Zone Change from A (Agriculture, Minimum Lot Size ½ Acre) to R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) For property located at 3248 South 6400 West. Written documentation previously provided to the City Council included Information as follows: MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -4- Canyon Cove Homes has submitted a zone change application (Z-6-2018) to change a 1.44 acre property at 3248 S 6400 W from A (agriculture, minimum lot size ½ acre) to R-1-8 (single unit dwelling residential, minimum lot size 8,000 square feet). The Zoning Ordinance does allow zone change requests to R-1-8 for properties less than 2 acres. The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into four lots. The existing home on the property would be demolished. The average lot size is over 12,000 square feet. The R-1-8 zone is being requested due to the limited frontage on 6400 West. Mayor Bigelow opened the Public Hearing. Kurt Dial – When the property owner purchased the property, he was told he’d get 6 lots. When the developer inquired about this they were told it would get 4 lots. He feels that with the rezone they could make the homes more presentable. This is the only exception they’re asking for. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-18, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3248 SOUTH 6400 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 18-18 that would amend the Zoning Map to show a change of zone for property located at 3248 South 6400 West from A (Agriculture, Minimum Lot Size ½ Acre) to R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet). Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Karen Lang moved to approve Ordinance 18-18. Councilmember Lars Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -5- Ms. Lang Yes Mr. Buhler No Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Passed by Majority. ACTION: RESOLUTION NO. 18-70, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CANYON COVE HOMES, LLC FOR APPROXIMATELY 1.44 ACRES OF PROPERTY LOCATED AT 3248 SOUTH 6400 WEST Mayor Bigelow presented proposed resolution 18-70 that would authorize the City to enter into a Development Agreement with Canyon Cove Homes, LLC for approximately 1.44 acres of property located at 3248 South 6400 West. Written documentation previously provided to the City Council included Information as follows: Canyon Cove Homes has submitted a zone change application (Z-6-2018) to change a 1.44 acre property at 3248 S 6400 W from A (agriculture, minimum lot size ½ acre) to R-1-8 (single unit dwelling residential, minimum lot size 8,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement. The proposed development agreement includes two provisions. The first requires all new homes to meet the City’s current housing standards. The second allows a 5’ setback reduction in either the front or rear yard given the relatively narrow dimension of the property from north to south. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Karen Lang moved to approve Resolution 18-70. Councilmember Don Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -6- Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-71: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH BLOMQUIST HALE FOR MENTAL HEALTH INSURANCE COVERAGE FOR 2018-2019 Mayor Bigelow discussed proposed Resolution 18-71 that would authorize the City to enter into an agreement with Blomquist Hale for Mental Health Insurance Coverage for 2018- 2019. Written documentation previously provided to the City Council included information as follows: Behavioral Health Strategies has been providing mental benefits for West Valley City for the past several years. Bloomquist Hale, our current employee assistance provider, and University of Utah Health Care have teamed together to provide mental health benefits at a competitive cost to the City. We continue to have great success in keeping our premium costs low. This year we experienced a 20% increase or about $38,000. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Steve Buhler moved to approve Resolution 18-71. Councilmember Tom Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -7- Mayor Bigelow Yes Unanimous. RESOLUTION 18-72: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH EMI HEALTH FOR DENTAL INSURANCE COVERAGE FOR 2018-2019 Mayor Bigelow discussed proposed Resolution 18-72 that would authorize the City to enter into an Agreement with EMI Health for Dental Insurance Coverage for 2018-2019. Written documentation previously provided to the City Council included information as follows: EMI is the current provider for dental benefits for City employees. The dental premiums will not increase for fiscal year 2018/2019. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Jake Fitisemanu moved to approve Resolution 18-72. Councilmember Steve Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-73: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH SELECTHEALTH FOR HEALTH INSURANCE COVERAGE FOR 2018-2019 Mayor Bigelow proposed Resolution 18-73 that would authorize the City to enter into an Agreement with SelectHealth for Health Insurance Coverage for 2018-2019. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -8- SelectHealth has been providing medical benefits for West Valley City for the past twelve years. City employees who retire may also continue to have benefits under the plan as long as they pay the full premium. This year the negotiated increase was 5.4% approximately $353,000 well below market trends. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Don Christensen moved to approve Resolution 18-73. Councilmember Karen Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-74: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH STANDARD INSURANCE COMPANY FOR LONG TERM DISABILITY INSURANCE COVERAGE FOR 2018-2019 Mayor Bigelow discussed proposed Resolution 18-74 that would authorize the City to enter into an Agreement with Standard Insurance Company for Long Term Disability Insurance Coverage for 2018-2019. Written documentation previously provided to the City Council included information as follows: For several years West Valley City has required our employees to pay the premium for this benefit. The rate is .702% of salary. Some employees have asked to opt out of this benefit because current state law allows them to do so. If more than 25% of our employees opt out of this benefit the premium would also increase for other employees. It is vitally important for West Valley City to provide this benefit because gives the City options when employees become disabled and are no longer able to work. In order to be in compliance with the  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -9- state code and to keep the premiums at a minimum we have decided to pay the premium for all eligible employees. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Steve Buhler moved to approve Resolution 18-74. Councilmember Tom Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 18-75: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK, LIGHTING AND UTILITY EASEMENT FROM ARA-C, LLC, A NEVADA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2449 SOUTH 6755 WEST Mayor Bigelow discussed proposed Resolution 18-75 that would authorize the City to accept a Public Sidewalk, Lighting and Utility Easement from ARA-C, LLC, a Nevada Limited Liability Company, for property located at 2449 South 6755 West. Written documentation previously provided to the City Council included information as follows: Accept a Public Sidewalk, Lighting and Utility Easement from ARA-C, LLC, a Nevada limited liability company across property located at 2449 South 6755 West. This easement is for the proposed ARA Building C to be located on Lot 1 of the Freeport West – WV Phase 1 subdivision. A public sidewalk is required to be constructed on Lot 1 adjacent to the SR-201 South Frontage Road. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion.  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -10- Councilmember Lars Nordfelt moved to approve Resolution 18-75. Councilmember Don Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. UNFINISHED BUSINESS: A. RESOLUTION 18-69: APPROVE THE UPDATE OF THE CITY MANAGER'S APPOINTMENT WITH AN EMPLOYMENT AGREEMENT Mayor Bigelow discussed proposed Resolution 18-69 that would approve the update of the City Manager's appointment with an Employment Agreement. Written documentation previously provided to the City Council included information as follows: This resolution updates the City Manager’s Appointment with an Employment Agreement, which basically summarizes his current duties under the West Valley City Policy Manual, West Valley City Ordinance, and State law. Under the Agreement, the City Manager’s compensation and benefits shall remain at the current rate. The City Manager is being recruited by a major metropolitan city in Missouri. The City Manager has expressed his desire to remain in West Valley City without any additional compensation or benefits from what he currently receives. The Agreement sets forth the current duties of the City Manager as outlined in the West Valley City Policy Manual, West Valley City Ordinance, and State law—all under which he currently operates. The Agreement obligates the City Manager to remain with West Valley City for a term of five (5) years, with up to four (4) more extensions with the same term. MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -11- Mayor Bigelow stated it has been noted there is need for a closed session. Steve Buhler opposes a motion for a closed session. He feels that they’ve had enough time to make a decision. He doesn’t think it’s an issue that needs to be discussed in private, it’s a public interest item. Tom Huynh agrees with Councilman Buhler that it needs to be discussed in public and also opposes a closed session. Councilmember Lang moved to go into an Executive Session. Councilmember Fitisemanu seconded. Mayor Bigelow asked the question about whether or not we need to take a roll call vote to continue with a closed session. City Attorney, Eric Bunderson explained that executive sessions require a super majority vote. This means that 2/3rds of the Council would need to agree to the motion. Since there seems to be opposition, a roll call vote is likely in order. Mayor Bigelow raised the question about why this hasn’t been a normal practice in the past. City Attorney, Eric Bunderson explained that it was because there has never been opposition to the motion for executive session expressed before. Mayor Bigelow expressed great concern that we have not been following the law. He feels that legal council should have made this clear to the Council. Mayor Bigelow asked for clarification on what an open meeting means, and whether or not the name of the meeting matters. The Council discusses making this a permanent change in practice. Jake Fitisemanu asks if he can amend the motion and take back his second. He’d like to continue the discussion in regular meeting and get it all out, once and for all. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang Yes Mr. Buhler No Mr. Huynh No Mr. Christensen No Mr. Nordfelt No Mayor Bigelow Yes Fails by majority. Don Christensen wanted to make clear that this is an individual contract for the current City Manager. If a new City Manager were to be hired, this contract would not apply to them. MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -12- Steve Buhler expressed his concern about taking action on a contract that they don’t have assurance the other party will agree too. He doesn’t feel it’s useful to this discussion to discuss items that they know the other party will not agree to. There is a version of the contract that they have been advised would be acceptable to Mr. Pyle. He feels the real question is whether or not they want Mr. Pyle to continue as City Manager and if they are willing to give him the incentive to do so. Mr. Pyle has spent the last couple of days in another City putting his best foot forward to obtain a job where they will offer a contract because we have not. Mayor Bigelow feels there are a couple of problems with Mr. Buhler’s statement that as far as the contract goes they have the right and a duty to protect City interest and even though the other party has agreed to it, whether it’s a purchase contract or service contract that if they determine it’s not in the City’s best interest they have the obligation to determine if it’s acceptable. Councilman Buhler explains that they have the option of voting down the contract. Councilman Buhler reiterates that he doesn’t feel they should vote on a contract they know Mr. Pyle won’t accept. Councilwoman Lang suggests they take a vote on the contract Mr. Pyle will accept and go from there. Councilman Nordfelt asks for clarification about whether or not Mr. Pyle will accept the original contract. Paul Isaac explains that it’s his understanding that Mr. Pyle will accept the original contract. Councilman Buhler explains some of the changes that were made to the original include the term, which he asked to be changed to 6 years. Councilwoman Lang makes the comment that they’ve had 15 years with Mr. Pyle without a contract. She feels it’s not her obligation to make sure Mr. Pyle feels secure. She explains that Mr. Pyle is out looking at other cities. She feels that the manner in which this all came up causes her pause. She also has issues with the contract. Councilman Buhler explains that he has had run ins with Mr. Pyle and there are things that he has not thought he should do that Councilman Buhler wanted done, but Councilman Buhler realizes that he’s not his boss. He has 6 other bosses and he cannot take one side on every issue, he has to execute the will of the Council entirely. He thinks we’ve done a disservice to the City Manager and the City by not giving him a contract. This has been the situation for years and Mr. Pyle has never pushed it, but as we discussed this issue we’ve been informed that all city MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -13- managers have a contract. We have discussed and voted on whether or not he should continue in this job without any notice. That is not appropriate to him in respecting the service that Wayne has provided year after year to the City. In discussing whether or not he should continue in employment we created an evaluation. We just concluded this and the results were that overall Mr. Pyle’s performance exceeds expectations. What are we supposed to tell the press when we are interviewed, or tell his replacement when we tell them that well you can exceed expectations but we don’t want you working here. The next City Manager will have a contract whether it’s Mr. Pyle or somebody else. We have a good City Manager, we should extend him a contract. Councilman Buhler gives a few examples. This is a large city and there are things you’d expect a large city to have. One of them being a homeless shelter. Why don’t we have a homeless shelter? Because Mr. Pyle was out ahead of the game. He was organized and put together a homeless task force that addressed the problem without bringing a shelter here. We were prepared when the legislature and the county government worked to impose a homeless shelter on us. We were organized and fought the issue and were successful. The homeless task force continues. It also pours over into our affordable housing and all the efforts that have been made there. The spending of our CDBG money, our idea houses all kinds of things that we do to provide affordable housing and not just have to put a band aid on the problem by putting a homeless shelter in the city. Again, we are a large city and we have zero sexually oriented businesses. Why? Because of advanced planning, being ahead of the game and creating a situation where it’s not attractive for a company to bring that here. We’ve had problems with UTOPIA since its inception. We as a council asked Wayne to fix it. He took a great amount of time away from his office and has turned it around. The only complaints we get now is about how they’re digging in places as they expand the system. Several times a year the City receives awards for being a good government. Awards in finance, police, and parks. This is due to Mr. Pyle and the great staff he’s put together and the direction that he has given them as City Manager. In his mind this is the easiest vote we’ll ever have. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Steve Buhler moved to approve Resolution 18-69 Alternate A. Councilmember Lars Nordfelt seconded the motion. Councilman Nordfelt says that we do have an obligation to the City and this is the most important work that we do, is to secure a City Manager who can take our MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -14- vision and organize a team to do what’s best for the City. We couldn’t do better than Mr. Pyle. He does a great job for us. Councilman Huynh would like to correct information that Councilwoman Lang mentioned about him going out and looking at other Cities. He sat down with Mr. Pyle face to face and addressed the situation. He did not go out and search for the job, he was called about the job in Springfield and was interested because his elderly parents are there. He feels that it’s a good idea. He still has elderly parents and would do the same thing. One thing he struggled with was 5 years ago Wayne went to UTOPIA and he assigned Paul Isaac to take over day to day operations here at City Hall. He feels Wayne Pyle has the skill to manage the City. The thing about this, the City Manager is trying to secure himself and his job and I feel that’s perfectly fine. We try to make this deal as fair for the tax payers money, that’s our role. Every XYZ dollar going to this contract, we certainly expect something out of the City Manager. UTOPIA is our business but West Valley City has multiple departments, not only UTOPIA. The City Manager wanted to fix the problem and I understand that but for every XYZ dollar we expect something out of the City Manager. One of the strategy meetings we asked of Wayne how he would do it differently. He said maybe he’d spend less time at UTOPIA and more time at the City. I want to support him and I want him to retire here at our City and not Springfield. But in this contract we have no leverage to bring him back to the table. I asked for one statement into item number 5 and that was rejected by the City Manager. If it happened to UTOPIA it can happen here in the next 6 years. I want to support him and I can vote for 2 years instead of the 6 years. Mayor Bigelow feels Councilman Buhler made a statement that he feels generalized things and maybe mislead some people and that was that not agreeing to the contract means that we want him to leave. False statement. He is perfectly willing to vote for a contract of 2 years. I would say 2 years because if you go 5 years, over the period of 5 years there will be 2 elections. New councilmembers could be elected and they may have a different vision or goal for the city, which is their right as elected officials. But under this contract, if they wanted that new vision Mr. Pyle has his contract and is employed even if somebody else could do a better job at achieving that new vision. We are binding those council members, they have no say in the matter and they must agree or live with what we say. When I went through this one of the things was that we could not terminate except for willful and deliberate violation of City policy regulations or the law except for traffic violations. But in all these cases Mr. Pyle must be given the opportunity to correct those. This on the face of it is a very ambiguous statement. Typically, elected officials have the authority to choose the direction of the City. I even went so far as to suggest why don’t we put in there that from the evaluation, that this council approved, that we say on 2 of those that the vision of the City and that the City MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -15- Manager treat each member of the Council fairly and equally. I considered that the minimum standard which is to meet expectations, not exceed. Mr. Pyle rejected that and said no that can’t be part of it, I can’t be held to that standard. Which really confuses me. It also confuses me about what suddenly changed. For example, saying if we don’t give him this contract we are essence firing him. I would say I had no thoughts of doing anything of the kind. We’ve had these discussions and we were moving forward and then all of the sudden. We didn’t bring this up. Mr. Pyle did and he said wait a minute I can get another job therefore I won’t stay unless you do these things for me. I say ok, how did that change what this council was doing at that point. Nothing. Did he suddenly feel like maybe some future council member being elected is going to suddenly put him out of a job? Does he think he can’t do as good of a job for them as he has done for this council to do the same things that he’s doing right now? Does he anticipate his performance will degrade or go down? Or will he still be able to convince the council that he’s doing a good job. I understand that other cities have these agreements. Looking at this council I hope you understand that based on this contract the evaluation is superfluous. It serves no purpose because it won’t matter what he’s rated because it’s not really an evaluation. It doesn’t affect job performance. The contract isn’t set up to effect pay or benefits. It leaves me confused because it seems like Mr. Pyle came forward with this proposal because he had an opportunity for another job. And by the way if he doesn’t find another job and leaves we have no recourse. This is a one sided contract about of what the city must do but there’s very little in there about what Mr. Pyle should do, other than not to be willful or deliberate in his violation of city policy regulation or law. Even there if by some strange chance he did, he’s given the opportunity to just say I can correct it. My concern is that it’s too long, it’s one sided. I am not looking to fire Mr. Pyle through this basis. I just don’t see the sudden urgency that arose from last month or even just a couple of weeks ago that we now suddenly have to enter into this contract. If Mr. Pyle says he won’t stay unless you do give me that, I’m not sure I like to be negotiating where someone says wait a minute if you don’t do what I want I’m leaving. I say well that’s not what I would choose but I can’t stop you. Mr. Pyle I’ve told him please do what you think is best for you and your family. The city will survive, it may not be easy or what we want but he must do what he thinks is best for his family. Apparently, he thinks that’s either give me another job or give me a contract. That leaves me scratching my head saying based upon the discussions we’ve had and the discussions we’ve had with him I could see going forward just the way we are. I wouldn’t feel terrible about this or wouldn’t change anything. Whenever I try and say we should put some protection into the contract for the City just so there is a process in place and it’s not ambiguous, that’s summarily dismissed. Councilman Buhler feels that the Mayor made misleading comments. Mayor called for a vote whether Mr. Pyle should keep his job in December. In February at the MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -16- strategic plan he asked for a contract. This is not a surprise. Mr. Pyle mentioned a contract to him months before that. I told him why would we do that, I didn’t know other City Managers had contracts. Yes, he’s looking for other jobs because we have pulled the rug out from under him and his job security is missing in this position where he had worked for so long. Councilman Buhler made a motion to call to question. Councilman Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. The previous motion is before the Council for consideration. The motion was as follows: Councilmember Steve Buhler moved to approve Resolution 18-69 Alternate A. Councilmember Lars Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang No Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No  MINUTES OF COUNCIL REGULAR MEETING – MAY 22, 2018 -17- Motion fails. Councilman Steve Buhler moved to approve Resolution 18-69 – Original Agreement. Councilman Lars Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang No Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No Passed by majority. MOTION TO ADJOURN Upon motion by Councilmember Jake Fitisemanu all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, MAY 22, 2018, WAS ADJOURNED AT 8:22 P.M. BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, May 22, 2018. _______________________________ Angel Pezely Deputy City Recorder